Nick Scott

Partner

Auckland

Nick is a partner in our corporate and commercial team. He specialises in mergers and acquisitions, helping clients to buy and sell businesses and companies – including those covered by the Takeovers Code. He provides advice to many clients on the Financial Markets Conduct Act, New Zealand Stock Exchange issues, start up related legal issues, franchise law, Pharmac contracts, and on a wide range of commercial contract matters.

He also helps resolve disputes between shareholders, as well as between parties to a variety of contractual arrangements. He advises both franchisors and franchisees on issues that arise in their business.

Nick advises a wide range of commercial clients, including listed companies, local subsidiaries of multi-national companies and privately held New Zealand companies. He also advises start-up companies wanting to raise capital. He deals with business owners, directors, C-suite executives, and in-house counsel.

Whether you are wanting to buy or sell a business or company, prepare a shareholders’ agreement, draw up a franchise agreement or settle a dispute with a supplier or a shareholder, Nick can guide you through the process, from advising you about your options to drafting the contracts that will help you achieve your desired outcome.

Admission Date: 1990

EXPERIENCE

Nick has advised:

Oyster Bay Marlborough Vineyards Limited on its listing on the NZAX and its compliance requirements under the NZAX listing rules. He also appeared before NZX Discipline for the company, successfully defending complaints made by Peter Yealands Investments Limited.

Oyster Bay Marlborough Vineyards Limited, the target company, through a highly contested partial takeover offer battle between Delegat’s Wine Estate Limited and Peter Yealands Investments Limited. This resulted in New Zealand’s first High Court judgment on the Takeovers Code.

Jesters’ Pies on all legal matters including ensuring that its franchise documentation complied with New Zealand law, and the Code of Ethics and the Code of Practice of the Franchise Association of New Zealand. Jesters’ Pies has grown to 18 stores across New Zealand in 16 years.

Whānau Tahi Limited on a significant transaction involving one of New Zealand’s leading health technology businesses which had important relationships with the Ministry of Health and the various district health boards in New Zealand. The transaction was strategically important to its work towards improving the livelihood of Maori in New Zealand.

Several clients on the negotiating and drafting of supply contracts (including sole supply contracts) with Pharmac for the listing and subsidy of pharmaceuticals on the Pharmaceutical Schedule.

Signature Security Group from its inception in 1997 to its sale in 2011. Nick advised on the initial acquisition and Overseas Investment Act issues and many subsequent acquisitions, through to its sale to ADT in 2011 for A$171 million.

Several clients in relation to shareholder disputes. He takes pride in ensuring that the client gets the outcome they want by resolving disputes without the need for litigation.